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John, Attorney

Category: Legal

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Experience: Licensed and practicing attorney.

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I hired an attorney for a personal injury case. This attorney

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I hired an attorney for a personal injury case. This attorney went to law school with my ex-husband and is friends with him. I divorced my ex husband many years ago, but still he retains very negative feelings toward me and our son ( our son has never seen his dad--- he is 14 years old). Is this a conflict of interest? I don't know if I should bring it up to my new attorney. On a totally unrelated case. However, I cant ignore that there is a personal relationship there---to what extent I dont know.....

Hi, My name is XXXXX XXXXX I’m happy to assist you with your question today.

The decision to retain an attorney is ultimately your decision, and if you do not feel comfortable with this attorney you have the right to terminate him as your representative. Overall, however, the fact that he is friends with your ex-husband would not be a conflict of interest on the part of this attorney.

Conflicts of interest generally only occur when the attorney has a financial interest or has another client with an interest directly adverse to the client's interest(s). For example an attorney cannot represent a client in a case against another client. Or, another example, an attorney cannot represent a client against a company in which he has a financial interest. The ethics rule states:

A member shall not enter into a business transaction with a client; or knowingly acquire an ownership, possessory, security, or other pecuniary interest adverse to a client.

If an attorney believes he has a conflict in a matter he has the duty access whether he/she thinks he/she can adequately represent the client, and to inform the client and determine if the client can/will waive the potential conflict.

The scenario you raise isn't a conflict, he's not representing you against your ex-husband, and you have not raised that he has any interest adverse to you in this particular action. But, if you simply do not feel comfortable with him because his friendship with your ex-husband then you may want to consider just terminating his representation for that reason alone.

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